Filing 135

MOTION to Strike 126 MOTION for Summary Judgment by SHANA SANDLERResponses due by 5/6/2008. (KUBETZ, BERNARD) Modified on 5/7/2008 to clean up the docket text(mjlt).

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SANDLER v. CALCAGNI et al Doc. 135 UNITED STATES DISTRICT COURT DISTRICT OF MAINE SHANA SANDLER, Plaintiff v. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-cv-00029 MIA CALCAGNI et al, Defendants PLAINTIFF'S MOTION TO STRIKE DEFENDANTS RALPH AND MAUREEN CALCAGNI'S MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS OF SHANA SANLDER Plaintiff Shana Sandler moves to strike the Motion for Summary Judgment of Defendants Ralph and Maureen Calcagni on All Claims of Plaintiff Shana Sandler (Docket No. 126), filed by Defendants on April 14, 2008, on the grounds that it is untimely and does not comply with this Court's scheduling order. On October 29, 2007 the Court established March 11, 2008 as the deadline for the parties to file all dispositive motions and memoranda.1 (See Docket No. 63). Defendants Ralph and Maureen Calcagni did not file any dispositive motions by that date. However, 34 days later, Defendants filed their motion for summary judgment without prior leave of court and outside of the established deadlines. Defendants should not be permitted to file their motion for summary judgment beyond the deadline established by this Court for such motions. The Court subsequently extended Defendant Booksurge's deadline to file its dispositive motion to March 17, 2008 to allow the parties to confer about redactions. See Report of Telephone Conference and Order, March 12, 2008 (Docket No. 95). The Court did not extend or otherwise alter the deadlines for any other party to file dispositive motions. 1 WHEREFORE, Plaintiff moves that Defendants Ralph and Maureen Calcagni's Motion for Summary Judgment on All Claims of Shana Sandler be struck in its entirety. Dated at Bangor, Maine, this 15th day of April, 2008. PLAINTIFF, Shana Sandler, By____/s/ Bernard J. Kubetz_____________ Bernard J. Kubetz, Esq. Michael R. Clisham, Esq. EATON PEABODY P. O. Box 1210 80 Exchange Street Bangor, Maine 04402-1210 (207) 947-0111 2 CERTIFICATE OF SERVICE I, Bernard J. Kubetz, hereby certify that on April 15, 2008 I electronically filed the foregoing Plaintiff's Motion to Strike Defendants Ralph and Maureen Calcagni's Motion for Summary Judgment on All Claims of Shana Sandler with the Clerk of the United States District Court using the CM/ECF system, which will send notification of such filing to the following: Bruce Mallonee, Esq. Rudman & Winchell, LLC P. O. Box 1401 Bangor, Maine 04402-1401 Steven P. Wright, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP State Street Financial Center One Lincoln Street Boston, Massachusetts 02111-2950 Matthew J. Segal, Esq. Stephen A. Smith, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 J. William Druary, Jr., Esq. Marden, Dubord, Bernier & Stevens P. O. Box 708 Waterville, Maine 04903-0708 Harold J. Friedman, Esq. Friedman, Gaythwaite Wolf & Leavitt P. O. Box 4726 Portland, Maine 04112-4726 /s/ Bernard J. Kubetz__________________ Bernard J. Kubetz 3

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